AN ACT to amend §30-4-17 of the code of West Virginia, 1931, as
amended, relating to activities that may be performed by a
dental hygienist without a prior exam by a dentist; requiring
a Public Health Practice permit; providing for the sealants to
be placed pursuant to a collaborative agreement with a
supervising dentist; and requiring a referral for a dental
examination within six months.

Be it enacted by the Legislature of West Virginia:

That §30-4-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.

§30-4-17. Scope of practice; dental hygienist.

The practice of dental hygiene includes the following:

(1) Performing a complete prophylaxis, including the removal
of any deposit, accretion or stain from the surface of a tooth or
a restoration;

(2) Applying a medicinal agent to a tooth for a prophylactic
purpose;

(3) Taking a dental X-ray;

(4) Instructing a patient on proper oral hygiene practice;

(5) Placing sealants on a patient’s teeth without a prior
examination by a licensed dentist: Provided, That for this
subdivision, the dental hygienist has a Public Health Practice
permit issued by the West Virginia Board of Dental Examiners, and
subject to a collaborative agreement with a supervising dentist and
the patient is referred for a dental examination within six months
of sealant application.

(6) Performing all delegated procedures of a dental hygienist
specified by rule by the board; and

(7) Performing all delegated procedures of a dental assistant
specified by rule by the board.